Chapter 4.33
MASSAGE/MASSAGE BUSINESSES
Sections:
Article I. General Provisions
Article II. CAMTC Certificate and License Requirements
4.33.025 CAMTC certification required.
4.33.035 City business license.
4.33.040 Home occupation massage.
4.33.045 Out-call massage and on-site massage restrictions.
4.33.050 Health and safety requirements for all massages.
4.33.060 Operating requirements for massage.
4.33.065 Inspection of massage establishment by officials.
4.33.070 Applicability of other ordinances.
4.33.080 Unlawful business practices may be enjoined.
4.33.085 Criminal prosecution.
4.33.090 Administrative fines.
4.33.095 Prosecutorial discretion.
Article I. General Provisions
4.33.005 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly regulation of massage businesses and to comply with state regulations as they relate to massage services. The city council recognizes massage is a viable professional field offering the public valuable health and therapeutic services. While there are significant health benefits that can result from massage, there are also significant risks of injury by persons improperly trained and/or educated in providing massage services. There are also opportunities for illegal acts of prostitution, lewdness and human trafficking that can occur in massage establishments.
This chapter establishes minimum standards for massage businesses and massage therapists so as to protect and safeguard the public health, safety and welfare and to enhance the reputation of the profession and integrity of the services provided. The establishment of reasonable standards for the issuance of business licenses and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.
It is the purpose and intent of the city council that massage businesses and massage therapists offering such services be regulated so as to ensure that persons offering massage services possess the minimum qualifications necessary to operate such a business and are able to perform the services offered to ensure that those offering these services conduct their work in a lawful and professional manner and comply with required building, sanitation and health standards. [Ord. 11-2016 § 1].
4.33.010 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
A. “California Massage Therapy Council” or “CAMTC” shall mean the nonprofit organization created to regulate the massage industry set forth Chapter 10.5 of Division 2 of the Business and Professions Code of the state of California (commencing with Section 4600).
B. “CAMTC certificate” shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code Section 4601(b) or (c) or any later enacted amendment.
C. “CAMTC certified” or “certified massage therapist” or “massage therapist” shall mean any individual, certified by the CAMTC and possessing a valid CAMTC certificate and is licensed to practice or administer massage. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this chapter stated herein.
D. “City” shall mean the city of Rancho Cordova.
E. “Client” shall mean the customer or patron who pays for or receives massage services.
F. “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
G. “Employee” shall mean any person employed by a massage business who may render any service to the business and who receives any form of compensation from the business. For the purposes of this chapter, the term “employee” shall include independent contractors, agents and volunteers.
H. “Employs or retains” shall mean a person that is a directly paid employee of the massage establishment; or an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or a person that receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records).
I. “Home occupation massage therapist” shall mean a massage therapist that practices massage within his or her own residence. All home occupation massage therapists are subject to the requirements for home occupation permits as set forth in RCMC 23.901.030.
J. “Licensee” shall mean any person who receives from the city of Rancho Cordova a business license pursuant to Chapters 4.06 and/or 4.10 RCMC.
K. “Manager” means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.
L. “Massage” or “massage therapy” shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating, of the external parts of the body with hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.
M. “Massage business” shall mean any business that offers massage in exchange for compensation to any part of a person’s body, whether at a fixed place of business or at a location designated by the customer or client through out-call or on-site massage services. The term “massage business” includes a CAMTC certificate holder who is the sole owner, operator and employee of a massage business operating as a sole proprietorship and also includes home occupation massage therapists. For the purposes of this chapter, the term “massage business” shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber’s, cosmetologist’s and esthetician’s state license.
N. “Massage establishment” shall mean any business that offers massage in exchange for compensation at a fixed place of business. Any business or establishment that offers any combination of massage therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage establishment under this chapter. For the purposes of this chapter, the term “massage establishment” shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is an accessory to and within the scope of a barber’s, cosmetologist’s, and esthetician’s state license. For purposes of this chapter, a “massage establishment” shall not include massage that is conducted by a home occupation massage therapist, on-site massage or out-call massage.
O. “On-site massage” shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business, and is limited to massages that take place in a massage chair at malls, business offices, sports complexes, convention centers and public events.
P. “Operator” or “massage business operator” shall mean any and all owners or managers of a massage business.
Q. “Out-call massage” shall mean the engaging in or carrying on of massage for compensation in a location other than a duly licensed massage establishment.
R. “Owner” shall mean any of the following:
1. The sole proprietor of a massage business or establishment; or
2. Any person who is a general partner of a general or limited partnership that owns a massage business; or
3. Any person who has a five percent or greater ownership interest in a corporation that owns a massage business; or
4. Any person who is a member of a limited liability company that owns a massage business; or
5. Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business.
S. “Patron” shall mean an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
T. “Person” shall mean any individual.
U. “Reception area” shall mean the area immediately inside the front door of the massage establishment, dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.
V. “Recognized school” shall mean a school of massage which entails the following:
1. Teaches the theory, ethics, practice including anatomy and physiology, profession and work of massage; and
2. Requires a residence course of study to be given and completed before the student is furnished with a diploma, certificate of learning or completion or degree in massage; and
3. The massage program provides an organized plan of study of massage and related subjects for a minimum of 300 hours and has been approved by the State of California Consumer Bureau, or the Department of Consumer Affairs or an accredited college, university or junior college established pursuant to Education Code 100850, or if said school is not located in California, has complied with the standards commensurate with those of a school of equal or greater training that is approved by the corresponding agency in another state, or accredited by an agency recognized by the United States Department of Education.
W. “Sole proprietorship” shall mean a massage business where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC certificate, and has no other employees or independent contractors that perform massage for the business.
X. “Spa” or “day spa” shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage. [Ord. 11-2016 § 1].
4.33.015 Exemptions.
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
A. Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists, physical therapists, who are duly licensed to practice their respective professions in the state of California under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code.
B. Persons operating or employed at hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the state of California.
C. Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons’ practice of massage is limited to such athletes and athletic teams.
D. Barbers, cosmetologists, or estheticians who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber’s, cosmetologist’s, and esthetician’s state license.
E. Enrolled students of a recognized school of massage when they are performing massage within the city as part of a formal supervised internship or training wherein the student receives school credit, operated by the school, without receiving any form of compensation, including tips, on the premises of a massage establishment duly authorized to operate in the city.
F. Persons performing a therapeutic modality for which the state does not offer licenses or certification under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, reflexology to the hands, feet and ears only, or the Bowen Technique. If a reflexologist performs massage as part of the reflexology services, then the reflexologist shall comply with RCMC 4.33.025. [Ord. 11-2016 § 1].
4.33.020 Schools of massage.
No massage establishment shall use the facilities or premises of such a recognized school of massage in connection with the operations of the massage establishment. Students in training at a recognized school of massage, as defined by RCMC 4.33.010, may perform massage on a member of the general public while on the premises of the school of massage in compliance with the following requirements:
A. The student performs the massage only under the direct personal supervision of an instructor certified by the California Massage Therapy Council as a massage therapist and as an instructor at a state-approved educational facility, an approved national massage organization or association, or similar organization; and
B. The massage is performed by the student in compliance with this chapter and the student shall not receive any compensation for the massage services. [Ord. 11-2016 § 1].
Article II. CAMTC Certificate and License Requirements
4.33.025 CAMTC certification required.
A. It shall be unlawful for any person to perform or engage in the practice of massage for compensation within the city unless that person possesses a current, valid, unsuspended and unrevoked CAMTC certificate.
B. It shall be unlawful for any massage business and/or massage establishment to provide massage for compensation within the city unless all persons who perform massage therapy for the massage business or establishment, whether as an employee, independent contractor, volunteer, or sole proprietorship, possess a current, valid, unsuspended and unrevoked CAMTC certificate. [Ord. 11-2016 § 1].
4.33.030 Time for compliance.
A. This chapter shall apply to all persons engaged in massage prior to the effective date of the ordinance codified in this chapter, to all persons employed as massage technicians prior to the effective date of the ordinance codified in this chapter and to all new applications for massage general and special business licenses.
B. All persons holding a valid and unexpired massage technician permit from the city at the time of adoption of Ordinance No. 11-2016:
1. Shall provide proof of compliance with the CAMTC certificate requirements set forth in RCMC 4.33.025 and all other requirements of this chapter when applying for renewal of his/her general and/or special business license.
C. All massage businesses and/or establishments holding a valid general and/or special business license issued by the city at the time of adoption of Ordinance No. 11-2016:
1. Shall provide proof of compliance with the CAMTC certificate requirements set forth in RCMC 4.33.025 and all other requirements of this chapter when applying for renewal of the general and/or special business license for the massage business or establishment.
D. All persons, massage businesses and/or establishments, including its owners, operators, managers, and employees, engaged in the practice of massage for compensation within the city shall comply with all health and safety and operating requirements set forth in this chapter, upon its effective date. [Ord. 11-2016 § 1].
4.33.035 City business license.
It shall be unlawful for any person to operate, engage in, conduct or allow the operation of a massage business unless under and by authority of a valid, unexpired and unrevoked general business license issued pursuant to Chapter 4.06 RCMC and/or a special business license issued pursuant to Chapter 4.10 RCMC.
A. General Business License. Massage businesses that are wholly owned by a person with a CAMTC certificate and only CAMTC certified employees or independent contractors shall work for the massage business, shall be required to obtain a general business license issued pursuant to Chapter 4.06 RCMC.
1. Upon application for a general business license, the applicant shall provide to the finance director the CAMTC certificates for all of the employees or independent contractors that will be employed by or performing massage for the massage business.
B. General and Special Business License. Massage businesses that have employees or are owned, managed or supervised by persons who do not possess CAMTC certificates must obtain a general business license pursuant to Chapter 4.06 RCMC and a special business license pursuant to Chapter 4.10 RCMC to operate and shall be subject to the application process and background check requirements set forth in Chapter 4.10 RCMC.
1. If there are multiple owners of a massage business, one applicant must apply for the general and special business license on behalf of the business but each owner, manager or operator shall be subject to the background and fingerprint check requirements set forth in Chapter 4.10 RCMC, except for those owners, managers or operators who are CAMTC certified.
2. Upon application for a special business license, the applicant shall provide to the finance director all of the CAMTC certificates for all of the massage therapists that will be employed by or working for the massage business. The holder of the special business license for the massage business shall have a continuous duty to provide the CAMTC certificate for each new person that provides massage therapy for the massage business. The requirement to file copies of the CAMTC certificates shall not eliminate the requirement to maintain evidence on the premises of the massage establishments set forth in RCMC 4.33.060(I).
C. All business licenses are governed by this title which regulates the procurement, denial, renewal, and revocation of city of Rancho Cordova business licenses. Municipal code sections relating to the application, suspension, revocation, include but are not limited to:
1. Application.
a. General Business License. All application filings and contents shall be in conformance with RCMC 4.06.070 and 4.06.075.
b. Special Business License. All application filings and contents shall be in conformance with RCMC 4.10.025 and 4.10.030.
2. Suspension and Revocation.
a. General Business License. All suspensions and revocations shall be in conformance with RCMC 4.06.105 and 4.06.110.
b. Special Business License. All suspensions and revocations shall be in conformance with RCMC 4.10.135, 4.10.140, and 4.10.145.
3. Appeals.
a. General Business License. All appeals of revocations or denials of a general business license shall be in conformance with RCMC 4.06.210, 4.06.215, and 4.06.225.
b. Special Business License. All appeals of revocations or denials of a special business license shall be in conformance with RCMC 4.10.150, 4.10.155, and 4.10.130.
D. Those massage businesses that are required to obtain a special business license pursuant to this chapter and Chapter 4.10 RCMC must possess employee permits pursuant to RCMC 4.10.065 for all employees who are not CAMTC certified.
E. A person who is CAMTC certified shall not be required to undergo fingerprinting or a background check as required by RCMC 4.10.035 and 4.10.085. [Ord. 11-2016 § 1].
4.33.040 Home occupation massage.
A. Any massage therapist conducting, performing, engaging in or giving massages at their residence is deemed a home occupation massage therapist and must obtain zoning certification pursuant to RCMC 23.113.010 et seq. and 23.901.030 and comply with the standards set forth therein.
B. Any home occupation massage therapist must be CAMTC certified pursuant to RCMC 4.33.025 and must obtain a business license pursuant to RCMC 4.33.035 and this section.
C. Any home occupation massage therapist must comply with all requirements of this chapter, with the exception of the location and distance requirements between establishments in RCMC 4.33.060(T). [Ord. 5-2017 § 4 (Exh. B); Ord. 11-2016 § 1].
4.33.045 Out-call massage and on-site massage restrictions.
A. No person or massage business shall perform either on-site massage or out-call massage for compensation without possessing a CAMTC certificate in conjunction with a valid city business license and any other city permits that may be necessary.
B. Out-call massage and on-site massage shall only be conducted between the hours of 8:00 a.m. and 10:00 p.m.
C. Out-call massage or on-site massage shall not be conducted in a hotel/motel room or any other similar location used primarily for transitory habitation purposes. [Ord. 11-2016 § 1].
4.33.050 Health and safety requirements for all massages.
All massage businesses and/or establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the city shall comply with all of the following health and safety requirements:
A. Massage establishments and massage therapists shall at all times have an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels, nondisposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall deposited in separate receptacles.
B. In a massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a hospital-grade disinfectant. Bath tubs shall be thoroughly cleaned with a hospital-grade disinfectant after each use. All walls, ceilings, floors and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.
C. All equipment used to perform massage, such as a massage table or chair, shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage techniques shall not be used on more than one client unless they have been sterilized, using standard sterilization methods.
D. No massage establishment shall have any alcohol for consumption, open container of alcohol, or illegal controlled substance on the premises at any time. No massage owner, operator, responsible managing employee, or manager shall permit any such person consuming alcohol or possessing an open container of alcohol to remain upon such premises.
E. No massage shall be given by any massage therapist who is consuming, or under the influence of, any alcoholic beverage or illegal controlled substance.
F. No massage shall be given unless the client’s genitalia and female breasts are, at all times, fully covered. Genitalia shall include the genitals, anus, and perineum of any person. No massage shall be provided to a client for sexual gratification by intentional contact, or occasional and repetitive contact with the client’s genitalia or female breasts either covered or uncovered.
G. No massage therapist, massage business, nor massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective customers that services prohibited by this chapter are available nor shall any massage therapist, massage business or massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this chapter.
H. No massage therapist, owner, operator, manager or employee shall violate the provisions of Sections 647(a) (soliciting to engage in lewd or dissolute conduct in a public place), 647(b) (soliciting to engage in or engaging in any act of prostitution), 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame), 316 (keeping a house of prostitution), 318 (prevailing upon a person to visit a place of illegal gambling or prostitution), 653.23 (supervision of prostitute), 290 (sex offender registrant) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by a massage business and/or establishment. [Ord. 11-2016 § 1].
4.33.060 Operating requirements for massage.
All massage businesses and/or establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the city shall comply with all of the following operating requirements:
A. CAMTC certification shall be presented to city officials, upon demand, when the massage therapist is inside a massage establishment or providing out-call or on-site massage. No owner, operator or manager of a massage business and/or establishment shall allow or permit a person to administer massage unless the massage therapist possesses a valid CAMTC certificate.
B. A massage therapist shall operate only under the name specified in his or her CAMTC certificate. A massage business shall only operate under the name specified in its city business license.
C. Massage shall only be performed between the hours of 8:00 a.m. and 10:00 p.m. No massage establishment shall be open and no massage shall be provided between 10:00 p.m. and 8:00 a.m. A massage commenced prior to 10:00 p.m. shall terminate prior to 10:00 p.m. and all clients shall exit the massage establishment prior to 10:00 p.m.
D. A list of services available and the cost of each service shall be posted in the reception area within the massage establishment, and shall be described in English if another language is also used to list the available services. Out-call and on-site service providers shall provide such a list to clients in advance of performing any service. No owner, manager, or operator shall permit, and no massage therapist shall offer to perform, any service other than those posted or listed, as required herein, nor shall an owner, manager, or operator nor a massage therapist request or charge a fee for any service other than those on the list of available services posted in the reception area or provided to the client in advance of any massage services.
E. In a massage establishment, the premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the city, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.
F. In a massage establishment, clients shall be furnished with a private dressing room. Dressing rooms need not be separate from the room in which the massage is being performed.
G. In a massage establishment, toilet facilities shall be provided in convenient locations and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.
H. In a massage establishment, a minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be provided at each basin.
I. In a massage establishment, the CAMTC certificate of each and every massage therapist performing massage shall be displayed in the reception area. Those massage therapists performing on-call and on-site massage therapy shall ensure that the CAMTC certificate is displayed near the location where the massage is to be performed. CAMTC certificates of former employees, independent contractors, volunteers shall be removed as soon as those massage therapists are no longer performing massage at the location.
J. Each massage establishment shall display their general and/or special business license(s) in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises. Those massage therapists performing on-call massage shall have a copy of the general and/or special business license(s) available.
K. Massage therapists shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and said garments shall not expose their genitals, pubic areas, buttocks, or breasts.
L. Every massage business shall keep a written or electronic record of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist administering treatment, and the type of treatment administered. Such written or electronic record shall be available for inspection by officials charged with the enforcement of this chapter. Such records shall be kept by the massage business for a period of two years and shall be open to inspection by the city.
M. Where the massage establishment has staff available to ensure security, the entry to the reception area of the massage business shall remain unlocked during business hours when the establishment is open for business or when clients are present. Massages may not be carried on within any separate cubicle, room, booth or area that is fitted with a door capable of being locked within a massage establishment which has more than one location where a massage can be performed.
N. No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage.
O. Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients and in all areas where clients are present.
P. No massage establishment shall allow any person to reside within the massage establishment or in any attached structures owned, leased or controlled by the massage establishment owners.
Q. The presence of any device which can be utilized as an early warning system to alert the employees or operator of a massage establishment to the presence of any law enforcement or local authorities on the premises is prohibited in any massage establishment.
R. All massage establishments must comply with all state and federal laws and regulations pertaining to disabled clients.
S. All massage establishments must comply with the city’s sign ordinance pursuant to Chapter 23.743 RCMC.
T. All massage establishments must comply with the city’s location and distance requirements as established in Tables 23.313-1 and 23.316-1. This section shall not apply to any home occupation massage business that is in full compliance with home occupation requirements in Chapter 23.901 RCMC. [Ord. 5-2017 § 4 (Exh. B); Ord. 11-2016 § 1].
4.33.065 Inspection of massage establishment by officials.
The investigating and enforcing officials of the city, including but not limited to the chief of police, or his designees, neighborhood management service manager, or his or her designee, the chief building official, or his or her designee, the chief of the fire department, or his or her designee, shall have the right to enter the massage establishment premises or the premises of a massage home occupation, from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this chapter. The chief building official and/or neighborhood management services and/or the chief of the fire department may charge a fee for any safety inspections, which shall be established by council. [Ord. 11-2016 § 1].
4.33.070 Applicability of other ordinances.
Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage establishment or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation. [Ord. 11-2016 § 1].
4.33.075 Nuisance.
Any massage business or establishment operated, conducted, or maintained contrary to the provisions of this chapter or the provisions of Business and Professions Code Section 4609 (Massage Therapy Act) shall be unlawful and a public nuisance, and the city attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law, and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment or business contrary to the provisions of this chapter. All remedies provided for in this chapter are cumulative. [Ord. 11-2016 § 1].
4.33.080 Unlawful business practices may be enjoined.
Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq., and the city attorney and/or district attorney may, in the exercise of its discretion, in addition to or in lieu of taking any other action permitted by this chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorney’s fees and costs. [Ord. 11-2016 § 1].
4.33.085 Criminal prosecution.
A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor and at the discretion of the city attorney, a violation of any provision of this chapter may be prosecuted in a criminal court. Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than $1,000 per violation or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment. All remedies provided for in this chapter are cumulative. [Ord. 11-2016 § 1].
4.33.090 Administrative fines.
A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter may result in the issuance of an administrative citation and the city may, at its discretion, seek an administrative fine of up to $1,000.
A. Each violation of any provision of this chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person.
B. Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the city. The appeal process and timeline shall follow those procedures and timelines set forth in Rancho Cordova Municipal Code.
C. If an appeal is not filed and the fine is not paid within 30 days from either the date of the notice of fine or a notice of determination from the hearing officer, the fine may be referred to a collection agency within or external of the city.
D. Any outstanding amounts owed to the city may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party. [Ord. 11-2016 § 1].
4.33.095 Prosecutorial discretion.
Pursuant to the city attorney’s prosecutorial discretion, the city may enforce violations of this chapter as criminal, civil, and/or administrative violations utilizing administrative remedies. All remedies provided for in this chapter are cumulative. [Ord. 11-2016 § 1].